Monday, 26 May 2014

Book on Legitimate Expectations and the ECHR

Maya Sigron has written a monograph on the concept of legitimate expectations under the right to property. The book, entitled "Legitimate Expectations Under Article 1 of
Protocol No. 1 to the European Convention on Human Rights" has been published with Intersentia. This is the abstract:

This book provides a thorough evaluation of
the complex relationship between legitimate expectations and the protection of
property guaranteed by Article 1 of Protocol No. 1 to the European Convention
on Human Rights.

To set the context, the book first gives a
brief but comprehensive analysis of property rights from Ancient Greek times
until now. Subsequently, it compares the protection of legitimate expectations
with its underlying principles in other legal orders.

The book’s core addresses three main research
questions: What are the conditions for the creation and protection of
legitimate expectations in the context of Article 1 of Protocol No. 1? What
role do confidence, detriment and fair balance play in that context? What
purpose do legitimate expectations fulfil in the context of Article 1 of
Protocol No. 1?

To answer these questions, the author
conducts an extensive analysis of the European Court of Human Rights’ case-law
related to legitimate expectations under Article 1 of Protocol No. 1. On the occasion
of this analysis, she collects and lists the main misunderstandings with
respect to legitimate expectations in cases brought before the European Court
of Human Rights under Article 1 of Protocol No. 1.

The conclusion assesses the major results
and paves the way for future debate about the doctrine of legitimate
expectations under Article 1 of Protocol No. 1.